USA v. Jason Baker


UNPUBLISHED OPINION FILED. [12-50192 Dismissed as Frivolous] Judge: CDK , Judge: EBC , Judge: CH. Mandate pull date is 03/12/2013 for Appellant Jason Ray Baker; denying motion to relieve attorney filed by Appellant Mr. Jason Ray Baker [7166680-2]; denying motion to appoint counsel filed by Appellant Mr. Jason Ray Baker [7166680-3]; granting motion to withdraw as counsel filed by Mr. Raymond Keith Fivecoat, Esq. [7130084-2] [12-50192]

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Case: 12-50192 Document: 00512147337 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50192 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JASON RAY BAKER, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:11-CR-343-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jason Ray Baker has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Baker has not filed a response, but he has filed a motion to relieve counsel and appoint new counsel. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Baker’s motion * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 12-50192 Document: 00512147337 Page: 2 Date Filed: 02/19/2013 No. 12-50192 to relieve counsel and to appoint new counsel is DENIED, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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